Question 3 - Constitutional Amendment: Proposing an Amendment to the Constitution of Maine To Establish a Right to Food

Summary

Do you favor amending the Constitution of Maine to declare that all individuals have a natural, inherent and unalienable right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being? This amendment would add the following section to the Constitution of Maine: "All individuals have a natural, inherent and unalienable right to food, including the right to save and exchange seeds and the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being, as long as an individual does not commit trespassing, theft, poaching or other abuses of private property rights, public lands or natural resources in the harvesting, production or acquisition of food."

A "YES" vote would amend the Maine Constitution to add a right to food.

A "NO" vote opposes adoption of the constitutional amendment.

Arguments

"America was founded on human rights: the right to speak out, to organize, to worship, to be armed, to be free from unwarranted search and seizures among others. But what we still haven"t secured is the right to food. Rights are protections for the people not provisions from the government. The Right to Food is about the individual right to be free from hunger but it is NOT about securing free food from the government. Instead, it is about protecting the right of people to feed themselves in dignity, meaning that sufficient ability to produce food is available. It means that people have the means to grow or produce food without government interference, or prohibitions to meet their dietary needs for optimal health. Food is our life source and therefore is fundamental to our freedom and our pursuit of happiness. The right to food will not limit or constrain other rights, including property rights. It does NOT allow a person to commit trespassing, theft, poaching or other abuses of private property rights or public lands in the harvesting, production or acquisition of food. Seed patents are secured. People are hungry in every county and township across Maine. Above the national average, food insecurity in Maine hovers at around 14%. Maine has the highest food insecurity rate in New England. People are hungry in Maine because they do not have sufficient income or stable employment. And with more than 90% of what Mainers eat coming from out of the state, our food systems are vulnerable to weaknesses in the national economy and infrastructure. The Right to Food will protect our ability to build resilient communities and strong local economies. With our abundance of natural resources and hard-working people, self-determined food systems are within our reach. By securing the right to food in our constitution, the capacity to grow and raise food will be protected in the most fundamental form of law." - Rep. Billy Bob Faulkingham, in support of Question 3 (Learn more)

"This isn"t a bill, it isn"t a resolution, it"s a manifesto of our Original Right. It"s a public health statement, it"s an affirmation of our relationship with Mother Earth, and it speaks to the spirit of Maine" - Rep. Justin Fecteau, in support of Question 3 (Learn more)

"LD 95 could prohibit the Maine legislature from passing farm animal reforms, particularly as they relate to the sale of cruel animal products, such as foie gras, horsemeat, and meat and eggs from animals raised in extreme confinement. Under LD 95, the purpose of the right to food is for "nourishment, sustenance, bodily health and well-being." "Sustenance," which can mean support, maintenance, livelihood or income, could imply a right to sell animals and animal products, with no or limited licensing requirements" - Katie Hansberry, Maine State Director Humane Society , in opposition to Question 3 (Learn more)

"All power is inherent in the People. Do the People have a fundamental right to save and exchange seeds to grow, raise and harvest the food of our own choosing? Do the People have a fundamental right to obtain and consume the foods we wish for our own nourishment and sustenance? Do the People have a fundamental right to our own bodily health and well-being? Do the People have a fundamental right to be free from hunger and starvation? When one in four children among us goes to bed hungry every night, we must do better. Maine has all the natural resources and the hard-working, independent-spirited people to produce, harvest and distribute enough food to feed our people, strengthen local economies, and create resilient communities. State and federal agencies and courts have yet to recognize the right to food as a fundamental liberty right. But way back in 1888, in the case of Powell vs. Pennsylvania, Supreme Court Justice Stephen Field argued thusly: >I have always supposed that the gift of life was accompanied with the right to seek and produce food, by which life can be preserved and enjoyed, in all ways not encroaching upon the equal rights of others... [The] right to procure healthy and nutritious food and to manufacture it, is among those inalienable rights, which no state can give, and no state can take away.... It is involved in the right to pursue one"s happiness. Wouldn"t you agree? Then let us articulate a Right to Food explicitly in the Constitution of Maine. Food is life. There"s nothing more intimate than eating. Do we have a right to obtain the foods we wish, or don"t we? It"s really that simple. Let"s put it in black and white. Let"s put it in writing. Let the People vote YES." - Sen. Craig V. Hickman, in support of Question 3 (Learn more)

"Question 3 is a tribute to small-scale food producers and all eaters, an expression of the fundamental rights to enjoy life, liberty, safety, and happiness. Why is an individual Right to Food needed in Maine? Power over our food supply is concentrated in a few individuals and corporations. Global companies dominate our food system and policy at the expense of our food self-sufficiency. This concentration of power threatens Mainers" individual rights to grow, raise, harvest, produce, and consume the food of our choosing now and in the future. State constitutional amendments exist to protect the people and our individual rights. While our individual rights to free speech, to bear arms, and to be protected from unlawful searches and seizures are constitutionally protected in this country"s Bill of Rights, our fundamental right to grow and raise food for our own nourishment, sustenance, bodily health, and well-being is not. The proposed amendment would shift the power to us and protect our individual right to food for present and future generations. The language in the amendment is clear: the amendment conditions the right to food, including the right to save and exchange seeds, on legality. An individual cannot trespass, steal, or poach. The amendment"s limiting language protects seed certification and ensures that individuals cannot sell seeds commercially. The amendment prohibits violating private property rights and abusing public lands or natural resources. This is particularly important for the right to food, as it ensures that individuals cannot use their right to food to the detriment of their neighbors or in a way that damages state property. With this limiting language, the proposed amendment carefully constructs a human rights framework that secures the individual rights of the people while cautiously guarding against abuse." - Heather Retburg, Board Member, Food for Maine"s Future, in support of Question 3 (Learn more)

"Question 3 is a solution in search of a problem. It is too vague and far-reaching to have a permanent place in Maine"s Constitution. Mainers concerned about hunger, responsible farming, local control, animal welfare, family farms, and clean air and water should vote NO on 3. - Vote No on 3 because it"s economic hardship that causes Mainers to experience hunger or food insecurity. Question 3 doesn"t authorize a penny for the hungry. - Vote No on 3 because this ambiguous constitutional amendment could give Monsanto and other international food conglomerates license to do whatever they want to our food. - Vote No on 3 because this measure could strip away animal welfare standards in animal agriculture. This amendment is a "right to factory farming" and a "right to eat dogs, cats, and horses." - Vote No on 3 because a "a right to food" could take away the power of local governments to provide proper health and safety, anti-pollution, and zoning standards. - Vote No on 3 because it makes Maine the only state that puts a handful of judges in a position to determine the future of our food policy. - Vote No on 3 because this measure could create confusion and invite legal challenges when it comes to enforcing Maine wildlife laws. - Vote No on 3 because the architects of the amendment have not given Mainers a single good reason for this amendment to our Constitution. When this measure came before the legislature, it was opposed by Maine Veterinary Medical Association, Maine Municipal Association, Maine Friends of Animals, Maine Farm Bureau, Maine Animal Coalition, Animal Rights Maine, and Maine Potato Board." - Beth Gallie, Chair, "Right to Food" Amendment Leaves a Bad Taste in Our Mouths Committee, in opposition to Question 3 (Learn more)

Maine Groups, Agencies, and Private Citizens Raise Concerns at Legislative Hearing about LD 95 (Question 3 and the So-Called "Right to Food") Maine Veterinary Medical Association (Katherine Soverel, Executive Director) "The intention of the amendment is unclear, except to be designed to opening the door to all manner of animal abuse and neglect in the name of food." Maine Municipal Association (Rebecca Graham, Legislative Advocate) "…can strip a community, or this legislature, of the flexibility necessary to respond to fundamental human rights issues." Maine Potato Board (Don Flannery, Executive Director) "Those laws that are put in place with respect to pests and disease may no longer be in effect." Animal Rights Maine (Melissa Gates, Founding Director) "…LD95 presents serious threats that if passed, will significantly hinder the ability of the Maine State Legislature, State agencies, and citizens in efforts to protect public safety…" Maine Farm Bureau (John Harker, Co-President) "You don"t need this constitutional amendment because the current constitution of Maine says we already have this right." Maine Department of Agriculture, Conservation & Forestry (Emily Horton, Director of Policy and Community Engagement) "…constitutional amendments will preempt state law and may be subject to legal interpretation going forward." Maine Legislature Policy and Legal Analysis Office (Karen S. Nadeau, Legislative Analyst) "The provision will eventually need to be interpreted by a judge in order to determine how this impacts presently existing laws and regulations." Agricultural Council of Maine (Legislative report from Julie Ann Smith, Executive Director, Maine Farm Bureau) "…if someone decides to raise animals for food and the Department cannot step in, health code laws and other laws would not be followed. Therefore, food safety is a big question." - Gina Garey, Animal Wellness Action, in opposition to Question 3 (Learn more)

Measure Details